Legal Structures and Dispute Resolution in Business: A UK Perspective

Desklib provides past papers and solved assignments for students. This report analyzes UK business law.

Business Law

Contents
Business Law...................................................................................................................................1
Contents...........................................................................................................................................2
Introduction......................................................................................................................................3
Lo 1..................................................................................................................................................4
P1 Explain different sources of law.............................................................................................4
P2 Explain the role of government in lawmaking and how statutory and common law are
applied..........................................................................................................................................6
M1 Evaluate the effectiveness of the legal system in terms of the recent reforms and
developments...............................................................................................................................8
LO 2.................................................................................................................................................9
P3 Using specific examples illustrate how the company, employment and the contract law has
a potential impact upon the business...........................................................................................9
M2 Differentiate between the legislation, regulations and the standards to analyse the potential
impact upon the business...........................................................................................................11
D1 Provide a coherent and critical evaluation of the legal system and law, evidence drawn
from a range of different relevant examples to support judgements.........................................12
Lo 3................................................................................................................................................13
P4 Explore how different types of business organisations which are legally formed...............13
P5 Explain how business organisation are managed and funded..............................................14
M3 Asses the advantages and disadvantages of the formation of the different types of business
organisations..............................................................................................................................16
D2 Critically review and evaluate the types of business organisations.....................................17
Lo 4................................................................................................................................................18
P6 Identification and recommendation of the appropriate legal solution for resolving a range
of disputes using relevant examples to demonstrate how a client might obtain legal advice and
support for the same...................................................................................................................18
M4, D3 Including a comparison and evaluation of the different sources of legal advice and
support.......................................................................................................................................20
Conclusion.....................................................................................................................................21
References......................................................................................................................................22

Introduction
Business law is framed by the legislation of the UK which focuses on assisting on the proper
configuration of the business so as to define how the organisation should operate. This is the law
which helps in the incorporation of new business and the bringing it into existence. While this
law also helps business to be more precise so as to follow the provisions which are defined in the
law (Barrédy, 2016). As there are various provisions which are included in this law and these
provisions are considered as company law, contract law, environmental law, etc. This is seen that
business law is based on commercial law. While working in the law firm named Hardy and
Morrisons Solicitors it is required to assist the new start-up organisations on the legal structure
and the legislation which are related to it. As this assignment will help to depict the environment
of the legal structure of the country and will also depict the different sources of the laws which
exist within the country. While the impact that company law, contract law and employment law
put on the business of the company would be analysed. At last legal formation of the business
would be given and the appropriate legal solution for the issues would be provided.

Lo 1
P1 Explain different sources of law.
The United Kingdom consists of three separate provinces where the law is applied differently.
These provinces are categorised in the form of England and Wales, Scotland and Northern
Ireland. It is seen that the legal structure of the UK is the unwritten constitution. Hence for
applying these laws into the different province, these laws are divided into different parts where
various laws applies to the all part of the UK and these apply to only one sole province. The
treaty is signed by all the province of the country so as to apply the law in a different proposition
(Bayern, 2016). The composition legal system of the UK is reflected as the unitary body and the
house of the country is considered as the supreme law-making body which frames the law that is
to be charted by the people of the country. While the law in the UK comprises of statutory law,
Common Law and the equity law. Hence these are defined as below:
Different sources of law
Statutory law It is considered as the law that is derived from the
provisions of the legislation of the country. This is
the written law which is laid down by the
government of the country. This is the law which
differs from the administrative law and the
regulatory law which is created by the court's
decision. These laws are considered to be strict in
nature as these are created by the courts of the
country.
Common law It is the law that is considered to be the law that is
based on the basis of cases that are decided by
court or precedent. While this law has been made
by the court or the tribunals on the basis of resolved
cases. This law is considered as the law which is
not stable as this law is updated on a regular basis
so as to achieve the objective of giving the best
judgement to the plaintiff. These are the laws that
are passed by the government as and when required
and is considered to be important for solving the

law. While this law provides consistent principles
for similar cases that arise in front of the courts.
Equity law It is the law that is instituted in the legal structure
of the country so as to provide an equal set of
remedies while the person is in the judicial set of
options. Here the doctrines are provided by the
legal structure which is different from the legal
terms. This law is made by the court chancery
which is then administered by the common law.
While this is seen that the legal remedies are
sometimes considered as the monetary remedies
hence for getting the equitable remedies such as
specific performance or vacatur Equity law is
required. While the law has been made with
protection in mind the remedies which are
compulsory to be solved In the county.

P2 Explain the role of government in lawmaking and how statutory and common law are applied.
The lawmaking process is measured as one of the most vital roles of the government. This is the
process which is considered to be highly rigid and complex that is done with the help of
parliament of the country. Hence for passing the law various functions have to be performed by
the government with the help of which the law is brought into existence (Cassel, 2016). Some of
the steps that are taken by the government of the country so as to make the bill into law are:
 First reading: this is the first step that is performed by the government of the country in
the process of making the bill into law. Here the bill is just introduced in the parliament
among its members.
 Second reading: this is measured as the platform where the ruling party of the parliament
showcases the principle and the requirements that are connected to the bill in front of
members of house. Here the conversation is made on the bill and the recommendation on
the bill is given by the opposition party so as to make the bill more reliable.
 Committee stage: It is measured as the step where detail about the bill is sent to the
committee of parliament. This committee is set by the parliamentary system which is
speciality convened committee to perform its obligations. Here the oral or the written
evidence that is related to the bill would be taken into attention. After which the group
would decide about the bill which should be passed or not.
 Report stage: This is measured as the step where the interpretation of the bill takes place
again. Here the amendment that relates to the bill is being discussed among the members.
This is seen that new provisions in the bill would be added in this stage.
 Third reading: This is the step where the final debate on the provisions and the
amendments on the bill takes place. While in this stage no amendments to the bill are
accepted. While at the last the voting is done on the bill where this is seen whether the
bill will be accepted or rejected.
 House of Lords: After the third reading takes place and the bill is positively voted upon
then the bill is sent to the House of Lords. Here the final consent is given on the bill after
which it is sent for the royal assent through which the bill becomes law.
Application of the common law in the courts
Common law practically applies in the court while deciding about the issue where there are no
provisions stated in the law and it is very difficult to find the legal obligation of the person. Here

the judgement that is given by the judge depends on the prior decisions that are made
(Cleaveland, Dutcher and Epps, 2015). The court in the case of criminal case decides about the
intensity of the crime on the basis of a crime that is offended by the criminal. While sometimes
this is decided by the European Union of the court.

M1 Evaluate the effectiveness of the legal system in terms of the recent reforms and
developments.
It is significant for the government to amend the laws from time to time so as to make the laws
more relevant and the as per the development that is taking place in the country. This is seen that
in UK government is empowered to the make the laws and to amend it as per the need of the
society (Fenwick, Kaal and Vermeulen, 2016). As the amendments that are made in the
companies and the employment act helps both the employer and the employee to get the best
result so as to increase the consistency of the law. Some of the advantages of this are mentioned
below:
 Certainty: This act helps in providing certainty in the cases that are decided by the legal
system of the country.
 Consistency: It is important for the laws to provide consistency with the legislation that is
made. This helps in giving direction and strategies so that residents of the country can
take decisions which makes the decision legally valid.

LO 2
P3 Using specific examples illustrate how the company, employment and the contract law has a
potential impact upon the business.
The rules that are framed by the government of the nation impacts the citizens of the country or
the organisation which are working in the country. Some of the laws such as the companies,
employment and the contract law are deliberated as the rules without which the operations of the
organisation cannot be performed. Hence this helps the company to work in a set manner so that
it does not draw any fines on them (Friedman and Hayden, 2017). This is important for the
business organisation to follow the laws that are prescribed by the government of the country as
if these are not followed by them then it may lead to the closure of the business or may also lead
to huge amount of penalty or both.
Company's law is measured as one of the most vital law in the country as this helps to provide
the rules and the procedure according to which the company can be formulated. There are certain
rules that are defined in the company law which helps in deciding the manner according to which
the company has to perform their obligations. As there are provisions related to the working of
the director of the company according to which the director of the company should perform its
obligations. Also, the provisions according to which the MOA and AOA of the company have to
be made are considered in this law. While this law also specifies the modes of raising funds and
the procedure for the same and if not followed accordingly will lead to the closure of the
business.
As for example, this is seen that in the company named QPR Ltd. they tend to issue share to the
public which cannot be done without following the rules and the laws which are provided in the
companies act and if they didn't follow the rule then they would be liable under the same.
While the employment law helps in showcasing the relationship between the employers and the
employees of an organisation. Here this law helps in providing the best ethical practice to the
employees of the organisation (Veblen, 2017). While this law also defines the working hours for
the employees as well as the minimum wages that they are liable to get. While the amenities that
are required to be given to the employee at the time of working is also defined under this law.
For example, this can be seen in the case of QPR Ltd. where they were making their employees
work more than the maximum working hour due to which the employees of the company

complaint to the court and hence the company was put into the penalty for not following the
employment law.
Contract act is considered as one of the most important elements of the business law as this
makes most of the part of the business organisation. As this is seen that for running the business
and to fulfil its daily obligation the organisation has to enter into the contracts with their
employees or the raw material supplier or the customer for selling the goods and giving them a
warranty on the same (Heminway, 2017). So this is considered as one of the most important laws
that impact the working of the company the most.
For example in the company QPR ltd. this is seen that they have entered into an agreement with
a customer for sale of the product and giving them the warranty on the product sold. After a
while, they rejected the same. Hence the customer is in the position to sue the company for not
selling them the product which may be harmful to the company.

M2 Differentiate between the legislation, regulations and the standards to analyse the potential
impact upon the business.
Legislatures are measured as main law that is enacted in the nation by the management of the
country. This is the main element that helps to identify and change the way of working in the
country. This also specifies the rights and duties that are supposed to be performed by the
organisation or the citizens of the country.
While the regulations are the part of legislation that helps in providing the brief about the law
and the provisions that are stated in the legislation (Hess, 2019). It is the main thing that helps
the business organisation or the citizens of the company to apply the laws in the issue that arise
in front of them. These are considered as the rules that are made by the government of the
country to control some misconception which may lead to the impeachment of the law.
While the standards that are made by the government of the country are used to define the
guidelines through which the different issues that arise in between the parties can be dealt with.
While this also helps in setting the standard for the same issue that arises in front of the court
with the help of which the time and cost of the court can be saved.